COLONIE — Chipshots, the bar and restaurant at the Colonie golf course, lost its battle to stay in business Monday.

Town Justice Peter Crummey granted the town's request for an eviction order, saying that a 2010 town board resolution granting the lease for four years required a written agreement to be reached and approved with the town attorney's office. Town Attorney Michael Magguilli said efforts to get a deal over the past two years failed, and the town is not bound to keep letting the firm run the concession.

Instead, the town board has hired the owner of Beff's on Everett Road to take over the eatery.

"There wasn't any lease agreement," Magguilli said. "The resolution was subject to the approval of the town's attorney. He gave us an immediate order of eviction, which we will execute tomorrow."

The town of Colonie ordered the bar operators to vacate the premises by April 30. Owner Gene DeGeorge and his daughter, manager Jennifer McCullough, filed suit against the town for breach of contract and refused to leave. They had run the restaurant for the past six years.

McCullough and her father have said they withheld a small portion of the $36,000 annual rent over the past three years over conditions in the building, but had recently agreed to start paying back $8,175 over the next two years.

Earlier Monday, Acting state Supreme Court Justice Richard M. Platkin declined to hear oral arguments in the case. Relying on paperwork submitted by attorneys for both sides, he issued his decision Monday afternoon denying the request by DeGeorge's attorney, David Brickman, to grant a stay of the eviction order.

"These allegations rest upon conclusory assertions unsupported by evidentiary facts regarding the specific dealings of the parties in the years subsequent to the Town's adoption of the resolution," Platkin wrote. "Their moving papers fail to address the fact that the resolution expressly contemplated execution of a written agreement."

Crummey echoed those remarks in his verbal order from the bench issuing his decision.

Magguilli said DeGeorge and McCullough would be given time to clear out what they own, but he argued it was not much property inside the bar.

Afterward, Brickman left without speaking to a reporter.

McCullough said the attorney advised her and her father not to comment either.